Regulations on actions against violations committed by persons serving suspended sentences in Vietnam

Regulations on actions against violations committed by persons serving suspended sentences in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

1. Regulations on actions against violations committed by persons serving suspended sentences in Vietnam

Regulations on actions against violations committed by persons serving suspended sentences in Vietnam according to Article 93 of the Law on Execution of Criminal Judgments 2019 are as follows:

- If a person serving suspended sentence commits probation violation prescribed in Clause 1 Article 87 of the Law on Execution of Criminal Judgments 2019, the criminal judgment execution agency of district-level police office or of military zone shall take a violation report and require the person serving suspended sentence to present himself/herself within 7 days from the date of violation report.

After this time limit, if the person serving suspended sentence fails to appear, the criminal judgment execution agency of district-level police office or of military zone shall take a violation report and request the people’s court of district where he/she resides or the military court where he/she works to compel him/her to serve the original prison sentence.

- During the probation period, if a person serving suspended sentence who had been formally criticized as prescribed in Article 91 of the Law on Execution of Criminal Judgments 2019 keeps breaching the probation condition and has been warned in writing, and then he/she still deliberately commits violation, the commune-level police office shall propose the People’s Committee of commune to request the criminal judgment execution agency of district-level police office to request the competent court to compel him/her to serve the original prison sentence.

- Within 5 working days after receiving such a request, the criminal judgment execution agency of district-level police office shall make a dossier of request for forced serving of the original prison sentence to the people’s court of district for consideration and also to the same-level procuracy. Such dossier includes:

+ The request of the criminal judgment execution agency of district-level police office;

+ The report made by the People’s Committee of commune in charge specifying that the person serving suspended sentence having committed probation violations at least 2 times;

+ The record specifying the person serving suspended sentence’s probation violation;

+ The decision on penalty for administrative violation if the person serving suspended sentence incurred a penalty for administrative violation;

+ The record of formal criticism against the person serving suspended sentence violating probation conditions;

+ Other relevant documents.

- During the probation period, if a person serving suspended sentence who had been formally criticized as prescribed in Article 91 of the Law on Execution of Criminal Judgments 2019 keeps breaching the probation condition and has been warned in writing, and then he/she still deliberately commits violation, the military unit shall take a violation record and propose the criminal judgment execution agency of military zone to request the competent court to compel him/her to serve the original prison sentence, and also send the request to the same-level procuracy. Such dossier includes:

+ The request of the criminal judgment execution agency of military zone;

+ The report made by the military unit in charge specifying that the person serving suspended sentence having committed probation violations at least 2 times;

+ The record specifying the person serving suspended sentence’s probation violation;

+ The decision on penalty for administrative violation if the person serving suspended sentence incurred a penalty for administrative violation;

+ The record of formal criticism against the person serving suspended sentence violating probation conditions;

+ Other relevant documents.

- Within 5 days after receiving a dossier of request for shortening of the probation period, the chief judge of people’s court of district or military zone where the person serving suspended sentence resides or works shall form a council and hold a meeting to consider issuing a decision to compel the serving of the original prison sentence.

The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

Within 3 working days after issuing a decision to cancel compel the serving of the original prison sentence, the issuing court shall send the decision to the individuals and agencies prescribed in Clause 2 Article 84 of the Law on Execution of Criminal Judgments 2019.

6. Within 3 working days from the effective date of the court decision, the criminal judgment execution agency of district-level police office or of military zone shall send the person serving suspended sentence concerned to serve his/her original prison sentence. If the person serving suspended sentence concerned escapes, the criminal judgment execution agency of district-level police office or of military zone shall request the competent criminal judgment execution agency to release a wanted notice.

If the court rejects the request for forced serving of original prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall keep that decision and relevant documents to the suspended sentence execution dossier and send the decision to the People’s Committee of commune or military unit in charge for further supervision and education.

2. Responsibilities of agencies, organizations, families of persons serving suspended sentence in supervision and education in Vietnam

Responsibilities of agencies, organizations, families of persons serving suspended sentence in supervision and education in Vietnam according to Article 94 of the Law on Execution of Criminal Judgments 2019 are as follows:

- Relevant agencies and organizations shall cooperate with the People’s Committee of commune or the military unit in charge in supervising and educating the persons serving suspended sentence.

- Families of persons serving suspended sentence shall cooperate in supervising and educating these persons and notify the results of serving of the sentences by these persons to the commune-level People's Committees in charge upon request; and attend formal criticism meetings against persons serving suspended sentences upon request of the People’s Committee of commune or the military unit in charge.

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